Port Orange joins other cities fighting synthetic marijuana

Published: Wednesday, October 3, 2012 at 5:32 p.m.

Last Modified: Wednesday, October 3, 2012 at 5:32 p.m.

PORT ORANGE — Following a recent trend, city officials here want to adopt a law prohibiting the sale of so-called synthetic marijuana.

But the City Council wants to adopt a resolution or ordinance that can control the products, given the ingredients often are changed by manufacturers.

"I don't want us as a legislative body to create a feel-good ordinance that will be difficult to enforce," Councilman Don Burnette said. "I would like to have a serious discussion about crafting something that is an actual tool that can be used."

Palm Coast on Tuesday night banned the sale or distribution of herbal incense that mimics marijuana, as well as bath salts spiked with cocaine-like chemicals — products often aimed at teenagers. And Ormond Beach voted Tuesday night to move in the same direction.

"The cities that are moving aggressively in this area have seen that it's becoming a major problem because a lot of this is aimed right at the schools," City Manager Ken Parker said. "A lot of students go (to nearby convenience stores) at noon and come back."

After a six-month investigation that ended Monday, Port Orange police arrested a convenience store owner they say was selling synthetic marijuana and bath salts from his shop.

Gerald Monahan, the city's public safety director, said it took that long for a crime lab to analyze the composition of the product.

"What these manufacturers have done is change the ingredients from the prohibited ones to ones that are not quote 'prohibited,' but still delivering the same effect with the drug," he said.

Monahan said the city's Police Department, when alerted, goes into stores and requests a product like K2 be removed from shelves, and "we've been getting compliance."

"But we don't have the authority to tell them to take it off the shelf. Therein lies the problem. Hopefully, that's going to get corrected in the legislative session this year," he said. "But I don't know how you frame legislation to get it off, and get every single ingredient, to prohibit it, since there are so many different variations of what they can put in these things."

Monahan added: "I certainly favor a moratorium, and ordinance, because it may be awhile before the Legislature gets anything changed, if they do ... I would characterize it as a bridge probably until the Legislature passes what we need passed."

The Volusia Council of Governments unanimously approved a resolution on Sept. 24 encouraging Volusia County and its cities to enact a moratorium until June 2013 against the sale of synthetic drugs posing as bath salts and herbal incense. VCOG is also seeking that retailers convicted of selling the substances have their business license revoked.

In Palm Coast, the ordinance does not make the drugs themselves illegal, something the city lacks the power to do. But it does prohibit their sale, display or distribution. A shopkeeper in Palm Coast could be cited up to $300 per violation.

State law designates synthetic marijuana and bath salts as Schedule I substances. But manufacturers continue to circumvent the law by changing the compounds of the chemicals produced. A 2011 study by the University of Michigan listed synthetic pot as the second most abused substance among high school seniors, just behind marijuana.

<p>PORT ORANGE &mdash; Following a recent trend, city officials here want to adopt a law prohibiting the sale of so-called synthetic marijuana. </p><p>But the City Council wants to adopt a resolution or ordinance that can control the products, given the ingredients often are changed by manufacturers. </p><p>"I don't want us as a legislative body to create a feel-good ordinance that will be difficult to enforce," Councilman Don Burnette said. "I would like to have a serious discussion about crafting something that is an actual tool that can be used." </p><p>Palm Coast on Tuesday night banned the sale or distribution of herbal incense that mimics marijuana, as well as bath salts spiked with cocaine-like chemicals &mdash; products often aimed at teenagers. And Ormond Beach voted Tuesday night to move in the same direction. </p><p>"The cities that are moving aggressively in this area have seen that it's becoming a major problem because a lot of this is aimed right at the schools," City Manager Ken Parker said. "A lot of students go (to nearby convenience stores) at noon and come back." </p><p>After a six-month investigation that ended Monday, Port Orange police arrested a convenience store owner they say was selling synthetic marijuana and bath salts from his shop. </p><p>Gerald Monahan, the city's public safety director, said it took that long for a crime lab to analyze the composition of the product. </p><p>"What these manufacturers have done is change the ingredients from the prohibited ones to ones that are not quote 'prohibited,' but still delivering the same effect with the drug," he said. </p><p>Monahan said the city's Police Department, when alerted, goes into stores and requests a product like K2 be removed from shelves, and "we've been getting compliance." </p><p>"But we don't have the authority to tell them to take it off the shelf. Therein lies the problem. Hopefully, that's going to get corrected in the legislative session this year," he said. "But I don't know how you frame legislation to get it off, and get every single ingredient, to prohibit it, since there are so many different variations of what they can put in these things." </p><p>Monahan added: "I certainly favor a moratorium, and ordinance, because it may be awhile before the Legislature gets anything changed, if they do ... I would characterize it as a bridge probably until the Legislature passes what we need passed." </p><p>The Volusia Council of Governments unanimously approved a resolution on Sept. 24 encouraging Volusia County and its cities to enact a moratorium until June 2013 against the sale of synthetic drugs posing as bath salts and herbal incense. VCOG is also seeking that retailers convicted of selling the substances have their business license revoked. </p><p>In Palm Coast, the ordinance does not make the drugs themselves illegal, something the city lacks the power to do. But it does prohibit their sale, display or distribution. A shopkeeper in Palm Coast could be cited up to $300 per violation. </p><p>State law designates synthetic marijuana and bath salts as Schedule I substances. But manufacturers continue to circumvent the law by changing the compounds of the chemicals produced. A 2011 study by the University of Michigan listed synthetic pot as the second most abused substance among high school seniors, just behind marijuana.</p>